D. Mass. L.R. 83.6.6

(a) Temporary Suspension Generally. The presiding judge, in accordance with this rule, may

enter a temporary restraining order or preliminary injunction under Fed. R. Civ. P. 65

immediately suspending an attorney’s right to practice law in this court or in the bankruptcy

court of this district, pending the outcome of a disciplinary proceeding under these rules.

(b) No Temporary Suspension by Complaining Judicial Officer. A complaint, referral, or

report and recommendation seeking an order of temporary suspension shall be referred to

the presiding judge in accordance with L.R. 83.6.5(c). An order of temporary suspension

shall not be entered by a judicial officer who presided over the case or matter, if any, in

which the alleged misconduct occurred.

(c) Notice and Hearing. No order of temporary suspension may be made without notice to the

attorney and an opportunity to be heard.

(d) Standard for Temporary Suspension. The presiding judge shall consider the following

factors when determining whether to issue an order of temporary suspension:

(1) whether a disciplinary complaint has a substantial likelihood of success on the

merits and is likely to result in an order of suspension or disbarment;

(2) whether the attorney’s continued practice of law in this court pending the outcome

of any disciplinary proceedings presents a significant ongoing risk of harm to the

public;

(3) whether the balance of equities, including a weighing of the ongoing risk of harm

to the public against the harm to the attorney resulting from an immediate

suspension, warrants suspension; and

(4) whether the public interest favors entry of the order.

(e) Written Report by District Judge. If a district judge determines that an attorney should

be the subject of an order of temporary suspension, the district judge shall issue an order to

show cause why an attorney should not be immediately suspended from practice in the

district court and a written report setting forth the basis of the judge’s belief. The order to

show cause and written report shall be served on the attorney with a date by which the

attorney should respond. The matter shall be immediately referred to the presiding judge,

who shall consider it on an expedited basis.

(f) Report and Recommendation by Bankruptcy Judge or Magistrate Judge. If a

bankruptcy judge or magistrate judge believes that an attorney should be the subject of an

order of temporary suspension, the bankruptcy judge or magistrate judge shall issue an

order to show cause why the attorney should not be immediately suspended from practice

in the district court and a report and recommendation to the district court setting forth the

facts warranting such relief. The order to show cause and report and recommendation shall

be served on the attorney with a date by which the attorney should respond. The order to

show cause and the report and recommendation shall be immediately referred to the

presiding judge, who shall consider the matter on an expedited basis.

(g) Modification of Suspension. After notice and hearing, and for good cause shown, the

presiding judge may vacate or modify any order of temporary suspension issued under this

rule.

(h) Formal Disciplinary Proceedings. If a formal disciplinary proceeding has not yet been

initiated under L.R. 83.6.5(g) at the time the order of temporary suspension is requested or

issued, such a proceeding shall be initiated reasonably promptly thereafter.